Aaron A. Little, Stand Your Ground: Convicted Florida felon shielded by controversial law
News Service of Florida
5:40 AM, Apr 11, 2013
7:01 AM, Apr 11, 2013
LEE COUNTY, Fla. -- Though convicted felons are not supposed to carry firearms, a state appeals court Wednesday rejected arguments that a felon should not be able to use the "Stand Your Ground" law as a defense in a Lee County murder case.
The 2nd District Court of Appeal sided with Aaron A. Little, who argued that he shot another man in self-defense during an altercation.
Prosecutors contended that the "Stand Your Ground" law should not apply because Little was engaged in illegal activity --- he was a convicted felon carrying a firearm.
The controversial "Stand Your Ground" law allows people to use deadly force if they reasonably believe it is needed to prevent death of great bodily harm. But the appeals court said Little, who faced a second-degree murder charge, should be able to use the law.
"His status as a felon in illegal possession of a firearm did not preclude that claim of immunity,'' the ruling said. "And …Little established by a preponderance of the evidence that his use of force was justified to prevent his imminent death or great bodily harm as provided (in the Stand Your Ground law)."
The court, however, asked the Florida Supreme Court to consider the issue, a process known as certifying the issue to the high court.